2017-003 - Amending Chapter 17 Section 17.46 Definitions and Section 17.53, Prohibition of Smoking in Enclosed Place of EmploymentORDINANCE NO. 2017 -003
AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE III,
"SMOKING REGULATIONS," OF CHAPTER 17 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS, TEXAS BY AMENDING SECTION
17.46, "DEFINITIONS," AND SECTION 17.53, "PROHIBITION OF SMOKING
IN ENCLOSED PLACE OF EMPLOYMENT "; MAKING OTHER FINDINGS
RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 24, 2014, the City Council of the City of Paris, Texas approved
Ordinance 2014 -003 Amending Article III, Chapter 17 of the Code of Ordinances, prohibiting
smoking in public places; and
WHEREAS, the need has arisen to amend the ordinance with regard to enclosed
places of employment;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the definition of "enclosed area" in existing Section 17.46,
"Definitions," of Chapter 17, Article III, "Smoking Regulations," of the Paris Code of
Ordinances is hereby amended to read in pertinent parts, as follows:
"`Enclosed area' means all space between a floor and a ceiling that is enclosed on at
Least three (3) sides by walls, windows (whether open or closed), or other barrier
(exclusive of doors or passageways) which extend from the floor to the ceiling. A
wall includes any closed retractable divider, garage door, or other physical barrier,
whether temporary or permanent and whether or not containing openings of any
kind."
Section 2. That existing Section 17.53(a), "Prohibition of Smoking in Enclosed
Places of Employment," of Chapter 17, Article III, "Smoking Regulations" of the Paris Code
of Ordinances is hereby amended to read in pertinent part, as follows:
"(a) Except as otherwise provided herein, smoking shall be prohibited in all
enclosed areas or places of employment. This includes, but is not limited to:
common work areas, auditoriums, classrooms, conference and meeting
rooms, private offices, elevators, hallways, medical facilities, cafeterias,
employee lounges, stairs, restrooms, vehicles, and all other enclosed
facilities. If the openings in an unenclosed area are covered or closed, such
that the area at the time meets the definition of being enclosed, then smoking
must be prohibited in the area while the openings are covered or closed."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
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with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris, Texas not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section S. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above - enumerated sections shall constitute
and be deemed a separate offense.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 9th day of January, 2017.
CI
A.J. HaRPLI M .D., M yor
ATTEST:
GJanice Ellis, City Clerk " " ".
RO ED AS JO FORM:
St anie H. Harris, City Attorney
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